Remarks of Arnold I Burns Before the Administrative Conference of the United States Concerning Improving Dispute Resolution: Options for the Federal Government, June 1, 1987

• NCJ Number: 107211
• Author(s): A I Burns
• Date Published: 1987
• Length: 12 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Presentation
• Language: English
• Country: United States of America

Annotation

Alternative dispute resolution (ADR) is superior to other reforms because it does not seek to change the structure of legal institutions or the norms by which disputes are resolved; however, it is not a full substitute for the common law, adversarial civil justice system.

Abstract

The adversarial system is the best system ever devised for arriving at the truth in resolving disputes. However, courts in the United States are burdened by an overly litigious society. They need a safety valve. We also need to recover the ability to settle for adequate and quick but perhaps imperfect justice in all but the truly important and irreconcilable cases. ADR allows people to settle for adequate, quick, but perhaps imperfect justice. The Federal Government began using forms of ADR in the 1960's and 1970's to resolve disputes arising under civil rights law. The U.S. Justice Department has repeatedly endorsed the use of ADR as a way to reduce the time and money spent in litigating cases in Federal court. Techniques in use include arbitration, mediation, conciliation, negotiated rulemaking, minitrials, and summary jury trials.